The case involves a man to have raped on the false promise to marry and thereafter, coerced the victim to convert her religion otherwise,he would not marry her.This case was decided by a single judge bench of Allahabad High Court consisting of Justice Om Prakash Tripathi in the matter of Farhan Ahmad (Shanu) v. State Of UP CRIMINAL MISC. BAIL APPLICATION No. – 54154 of 2021 decided on 5.1.2022.
The facts of this case are the victim and the applicant met through facebook and later exchanged their numbers and started to converse.During such conversations, the applicant gave the victim assurance of marriage and engaged in physical relation with her as result of which she became pregnant.She was naturally forced by the applicant to undergo abortion. After the abortion, the applicant was reluctant to marry her unless she converts her religion and accepts Islam.Further, the applicant also came up to the victim, abused and threatened to kill her if she does not accept Islam as he is a very influential person.The victim filed FIR against the applicant under sections 376, 504, 506 IPC and 3/5 (1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2020.
The counsel on behalf of the applicant contended that though there was a relationship between them, there was no rape as they had a consensual relationship as both of them were major.The medical report of ther victim did not show any evidence of abortion or injury. The applicant never pressurized the victim for conversion.The applicant is wrongly suffering in jail and prosecution has falsely implicated his client.
The counsel on behalf of the victim contended that “sexual intercourse with the victim on the pretext of false promise to marry is, and ought to be an offence of rape under the penal provisions effect on the mind of the victim.” The victim had to undergo emotional trauma and physical suffering due to the actions of the applicant. It is a heinous crime against society which has long lasting effect over mind of victims.
The Allahad High Court held that without commenting on the merits of the case, it is not a fit case for grant of bail and rejected the bail application keeping in view the complexity of the case and the gravity of the charges involved against the applicant.
Judgement reviewed by Bhaswati Goldar